Drink Driving Charge Dunfermline Not Guilty

Kept Licence

We were instructed to appear in relation to an allegation of drink-driving. Our client was a young man who depended upon his licence for health reasons.

The circumstances of the case were slightly unusual in that a lorry had collided with his vehicle causing both vehicles to come to a stop. A passenger got out of our client's car, approached the driver of the lorry and remonstrated with him, blamed him for the collision and then returned to the vehicle. The lorry driver could smell alcohol and approached the vehicle to speak to our client who panicked and drove off. The police were called and attended at our client's home where he was breathalysed and found to be over the limit. He was arrested and taken to the police station where he was again breathalysed and found to be over the limit.

Initially, we had advised our client that in general terms drink-driving charges are normally very easy for the Crown to prove and that an early plea of guilty would normally be advised.

Upon receipt of the paperwork we picked up on a glaring error that rendered the drink-driving charge unproveable. There was also a charge of failing to stop and exchange details with the lorry driver. We advised our client to plead not guilty to the drink-driving charge and guilty to the failing to stop. Our client followed our advice and after a little persuasion the Crown accepted that they would never be able to prove the allegation of drink-driving and dropped the charge.

Our client had 5 penalty points imposed upon his licence and was fined £350. Our Mr Simpson dealt with this case at Dunfermline Sheriff Court on 23rd January 2018.

See also

Our client was stopped by two Police officers in the act of driving, breathalysed, and found to be in excess of the prescribed limit. A technical line of defence was advanced at trial which resulted in our submission of no case to answer being upheld....